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2017 DIGILAW 1366 (RAJ)

Layshree @ Leena w/o Shri Priyesh Rathore v. Priyesh Rathore s/o Shri Umesh Kumar Rathore

2017-05-29

JAINENDRA KUMAR RANKA

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ORDER : Jainendra Kumar Ranka, J. 1. None appeared on behalf of the respondent though notice has been served. 2. The instant transfer application has been filed u/Sec. 24 of the CPC by the applicant to Transfer Case No.40/2017 filed by the respondent husband for restitution of conjugal rights u/s 9 of the Hindu Marriage Act, titled Priyesh Rathore v. Layshree @ Leena pending before Family Court, Bundi, to Family Court, Sawai Madhopur. 3. It is brought to the notice of this court that both, the present applicant and respondent got married on 21.4.2014 and a male child was born out of the wed-lock. 4. On account of certain disputes and differences between the parties, the applicant left her matrimonial home and is presently residing with her parents at Sawai Madhopur. It is brought to the notice and claimed by the applicant that she is doing nothing and is wholly dependent on her father and it is claimed that the other matters between the parties u/s 125 Cr. PC filed by the applicant is pending before the Family Court, Sawai Madhopur, and u/s 498-A/406 IPC also filed by the applicant is pending before the court of CJM, Sawai Madhopur. 5. It is also contended that it is very difficult for the applicant to leave the minor child at Sawai Madhopur and to go to attend the court proceeding at Bundi, which is at a distance of about 120 Km and on every date she has to be accompanied by her father who is said to be aged as well. It is also claimed that the other cases between the parties is also pending at Sawai Madhopur where the respondent used to appear on the dates fixed. Therefore, it is claimed that the balance of convenience lies in favour of the applicant. 6. I have considered the arguments advanced by the learned counsel for applicant and in my view, taking into consideration the fact that the applicant has a minor child and it would be very difficult for her to leave her minor child at Sawai Madhopur to attend the court proceedings at Bundi whenever the matter is listed, and she has to be accompanied by her father as well, who is said to be an aged person, and equally important fact is that the matters u/s 125 Cr. PC and u/s 498-A/406 IPC are pending at Sawai Madhopur where the respondent is appearing on the dates whenever the matters are listed, a direction can be given that all the cases are listed on the same day and it would be convenient for the parties especially the respondent, to attend the Court proceedings on the same day and not on different dates at Sawai Madhopur. 7. Taking into consideration the facts and circumstances, this court is satisfied with the submissions made by the learned counsel for the applicant and accordingly, the Transfer Application stands allowed and the Case No. 40/2017 titled as Priyesh Rathore v. Layshree @ Leena pending before the Family Court, Bundi, is directed to be transferred to Family Court, Sawai Madhopur. Let the proceedings from the stage pending before the Family Court, Bundi, be taken up by the Family Court, Sawai Madhopur, and all other matters pending between the parties be consolidated and fixed on the same day for the convenience of parties. If pending before another court/authority, then the said court will also give the same date. 8. Since the respondent has not appeared before this court, let the Family Court, Sawai Madhopur, issue a notice to the respondent and thereafter regulate the proceedings. 9. Let a copy of this order be sent to the Family Court, Bundi and Family Court, Sawai Madhopr for necessary compliance. 10. The Transfer Petition accordingly stands allowed.